What to Do If You Are Accused of Sexual Harassment at Work

A workplace sexual harassment or sexual assault claim is one of the most severe types of claims that can arise and impact an employee's employment, reputation, and criminal liability. Getting it right from the outset, from the time the allegation is made, makes a great deal of difference to what goes on, and the first step to take in that situation is to take early advice from a specialist criminal defence firm like McGovern Court Lawyers.

Understand That Two Separate Processes May Run Concurrently

Accusations of this sort in the workplace can start two completely different processes at once. The employer will usually start a disciplinary or investigation process as outlined in its policies. In addition, the complainant can file a complaint with the police, and may have a criminal investigation conducted in addition to or following the workplace investigation. These are subject to different rules, standards of proof and responses. You should not consider them an error, as it can be a big mistake and cut your standing in both.

Do Not Respond Without Taking Advice First

It is natural to want to explain, defend or clarify, but often this is not helpful. Anything that has been discussed informally with a manager, HR representative, or colleague before the formal process is explained to you can be recorded and included in the formal process. Don't say or do anything, don't respond to any formal invitation to a meeting, and don't contact the accuser directly, without first consulting a lawyer. Sayings made at the beginning of an investigation are more significant than sayings made at the end.

Know Your Rights Within the Employer's Process

Any employee in Scotland who is facing a disciplinary investigation at work is entitled to be told in writing what the investigation is about, to be afforded a reasonable time to prepare a response, and to have a trade union representative or work colleague present at any formal disciplinary hearing. The investigation should be conducted impartially; don't assume guilt until it is finished. Where your employer does not follow its own disciplinary procedure, or the Code of Practice for disciplinary procedures in the UK as published by ACAS, then any disciplinary procedure deviations are relevant to any later employment tribunal claim.

Preserve Evidence That Supports Your Account

Once an accusation is made, save all evidence that pertains to your side of the story. This may include written correspondence, such as emails or messages, meeting minutes or notes related to the allegation, and information about any witnesses who may have details about the circumstances. Never delete any documents, change any records or contact the complainant or possible witnesses in a manner that might be considered an attempt to influence the case. Write down your own personal memory of events that are relevant as soon as you can, before the memory fades.

If the Police Become Involved

A criminal investigation of workplace sexual assault or harassment is conducted in a completely different manner than an employer's investigation. The right to legal representation before and during any police interview is not an admission of guilt but rather the proper response to a formal procedure with serious consequences. Avoid going in for a voluntary police interview without legal counsel. Don't think that giving up representation will help speed up the process. The decisions made at the stage of criminal investigation influence the entire subsequent process, and they should be made with the help of specialists.

The Importance of Specialist Criminal Defence Representation

Not all solicitors have the same experience in defending allegations of a sexual nature. This type of case requires real specialism, in the form of specific evidential rules, complainant protections, and court procedures, rather than general criminal-practice experience. A solicitor with a specialist criminal defence practice will review the evidence provided, explain the issues that can be challenged, the realistic prospects at each stage and ensure that your case is handled in the same way in the employment and criminal aspects.

Protecting Your Position Without Worsening It

The time between an accusation and the resolution of the issue is when the danger of aggravating the situation with an ill-considered response is greatest. Do not discuss the allegation with colleagues, do not contact the complainant outside of the formal process, do not challenge inappropriate formal measures taken by your employer through the appropriate process, and do not communicate with the complainant where possible other than through your legal representative. In this context, acting in the right way is one of the most useful things you can do for yourself, as opposed to acting instinctively.